Bedsores are a significant concern in nursing homes, where residents may be unable to move freely due to medical conditions or cognitive impairments. Alarmingly, a study analyzing 58,368 residents found that 29% suffered from pressure ulcers during their 1-month stay in a nursing home. Oklahoma City nursing home bedsore lawyers are dedicated to helping victims of these painful injuries and ensuring they receive the care and compensation they deserve.
What are bedsores/pressure ulcers?
Bedsores, also known as pressure ulcers or decubitus ulcers, are injuries that happen to the skin and the tissues underneath when there’s too much pressure on a spot for too long. They typically develop in areas where bones are close to the skin, such as the back, heels, hips, and elbows. Bedsores can be painful and lead to serious complications, including infections and increased healthcare costs.
Stages of Bedsores
Bedsores are classified into four distinct stages, each representing a different level of severity:
- Stage 1: This is the earliest stage of a bedsore, characterized by non-blanchable redness on the skin. The affected area may feel warm, firm, soft, or itchy compared to the surrounding skin, but there is no open wound.
- Stage 2: At this stage, the bedsore presents as a partial-thickness loss of skin. It may appear as a shallow open sore, blister, or abrasion, and the area around it might be red and inflamed.
- Stage 3: In this stage, the bedsore has progressed to full-thickness skin loss, where fat may be visible, but bone, tendon, or muscle is not exposed. The wound may develop a crater-like appearance, and there may be some necrosis (dead tissue).
- Stage 4: This is the most severe stage of a bedsore. There is extensive damage, with full-thickness loss of skin and exposure of bone, tendon, or muscle. Stage 4 bedsores often involve necrotic tissue and can lead to serious infections.
What are the Common Causes of Pressure Ulcers?
Pressure ulcers can happen for a few reasons, mainly because of too much pressure on the skin for too long. Here are some of the most common reasons people get pressure ulcers:
Immobility
One of the leading causes of pressure ulcers is immobility. When individuals cannot change positions on their own—due to illness, injury, or cognitive impairments—they are at a higher risk. Staying in one position for too long can put excessive pressure on certain areas of the body.
Poor Nutrition and Hydration
A well-balanced diet and proper hydration are vital for healthy skin. When a person is malnourished or dehydrated, their skin becomes weaker and more susceptible to damage. This makes it easier for pressure ulcers to develop.
Age and Frailty
Older adults often have thinner skin that loses elasticity, making it more vulnerable to injury. Additionally, age-related health issues can contribute to weakness and immobility, further increasing the risk of developing bedsores.
Medical Conditions
Certain medical conditions can increase the risk of developing bedsores, especially when they affect mobility, circulation, or skin health. People with these conditions often have difficulty moving or healing properly, making them more vulnerable to pressure ulcers.
Here are some common medical conditions that can lead to bedsores:
- Diabetes
- Vascular Diseases
- Stroke
- Spinal Cord Injuries
- Neurological Disorders
- Obesity
- Incontinence
Skin Shear and Friction
When a person moves or is repositioned, the skin can be pulled in different directions from the underlying tissue, leading to shear. Friction occurs when the skin rubs against surfaces like sheets or wheelchairs, damaging the skin and making it more prone to ulcers.
Moisture
Excess moisture from sweat, urine, or feces can weaken the skin and make it easier for pressure ulcers to form. This is especially true for individuals who are incontinent or have excessive sweating.
How Can You Show You Have a Pressure Ulcer Case in Oklahoma City?
To establish a pressure ulcer case in Oklahoma City, you need to demonstrate certain key elements. These elements help prove that someone was negligent and that their negligence directly led to your injury. Here’s what you need to show:
1. Duty of Care
To begin, you need to demonstrate that the nursing home or caregiver had a duty of care toward the resident. This means they were responsible for providing a standard level of care to prevent injuries like pressure ulcers. For example, nursing home staff are expected to regularly monitor residents, assist with repositioning, and ensure proper nutrition and hydration.
2. Breach of Duty
Next, you need to prove that there was a breach of this duty of care. This could involve showing that the staff failed to do their job correctly, such as not repositioning a resident regularly, not keeping the skin clean and dry, or not providing adequate nutrition. Evidence of inadequate care or neglect can support your claim.
3. Causation
You will need to show a direct link between the breach of duty and the pressure ulcer. This means you must prove that the lack of proper care caused the bedsore to develop. Medical records and expert testimony can be helpful in establishing this connection.
4. Damages
Finally, you must demonstrate that you suffered damages because of the pressure ulcer. This could include physical pain, emotional distress, increased medical bills, or other costs related to treatment. Documenting these damages is crucial for a successful claim.
There are three main types of damages you may be entitled to:
- Economic damages: These cover the financial losses directly related to the pressure ulcer. This includes medical bills, costs of ongoing care, rehabilitation expenses, and any loss of income if the resident or their family member had to take time off work to assist with care.
- Non-economic damages: These compensate for the more personal, non-monetary impacts, such as pain and suffering, emotional distress, and loss of quality of life caused by the pressure ulcer. These damages account for the toll the injury takes on the individual’s mental and physical well-being.
- Punitive damages: In cases where the nursing home or caregiver’s behavior was especially reckless or egregious, the court may award punitive damages. These are intended to punish the wrongdoer and discourage similar conduct in the future.
By proving these four elements, you can build a strong case for a pressure ulcer claim in Oklahoma City. Consulting with a qualified attorney can also help guide you through the process and strengthen your claim.
Steps to Take if You Suspect a Bedsore Case in a Nursing Home
If you suspect a loved one is suffering from a pressure ulcer due to neglect in a nursing home, it’s important to take the right steps immediately to protect their rights and strengthen your case.
Here are some critical steps you should follow:
Avoid Posting on Social Media
Anything you post can be used against you or misinterpreted by the nursing home, their attorneys, or the insurance company. Keep all communications about the case private and off public platforms to avoid unintentionally harming your case.
Don’t Accept the First Offer from the Insurance Company
Insurance companies often try to settle cases quickly and for less than you deserve. Initial offers are usually low, and you may be entitled to much more, especially if the injury caused significant pain, suffering, and medical costs.
Be Careful in Communicating with the Insurance Company
Avoid admitting fault, downplaying the seriousness of the injury, or giving more information than necessary. Insurance adjusters may use anything you say to minimize your claim, so it’s best to let your attorney handle these conversations.
Document Everything
Keep detailed records of everything related to your loved one’s care and injury. This includes medical records, photos of the bedsore, logs of the care they received, and notes on interactions with nursing home staff. Proper documentation is essential for proving your case.
Seek Medical Attention Immediately
Early treatment can prevent the ulcer from worsening and may be used to show the extent of the injury in your case. Ensure that medical professionals document the condition and any treatment provided.
File a Formal Complaint with the Nursing Home
This will create a record of the issue and may force the facility to take corrective action. Keep a copy of the complaint and any responses you receive.
Request a Care Review
Ask the nursing home for a full review of your loved one’s care plan and medical records. This can help you understand whether the care provided was appropriate and whether the staff followed established protocols to prevent bedsores. If you find discrepancies or signs of neglect, this can strengthen your case.
Monitor Your Loved One’s Condition
Watch for signs that the pressure ulcer is worsening or that the nursing home’s care isn’t improving. Regular visits and communication with medical staff can help ensure they’re getting proper care moving forward.
Get in Touch with Oklahoma City Pressure Ulcer Lawyers
A skilled lawyer can help you navigate the legal process, investigate the case, and build a strong claim on your behalf. They will ensure your loved one’s rights are protected and that you pursue the compensation they deserve.
Deadlines
In Oklahoma, the statute of limitations for personal injury cases, including nursing home neglect cases like pressure ulcers, is generally two years from the date of the injury. This means you have two years from when the bedsore developed or when you became aware of the injury to file a claim. In cases involving wrongful death, the two-year period typically begins from the date of the resident’s passing.
It’s important to act quickly and avoid unnecessary delays. The longer you wait, the harder it can be to gather evidence, interview witnesses, and build a strong case. Nursing home records may be lost, and memories may fade, making it difficult to prove negligence.
To ensure you meet all deadlines and maximize your chances of a successful claim, it’s critical to contact an experienced pressure ulcer lawyer as soon as possible. A skilled attorney can guide you through the legal process, help you gather evidence, and make sure your case is filed within the required time limits.
Don’t wait until it’s too late—taking swift action is essential to protecting your loved one’s rights and pursuing the compensation they deserve. Contact us today!
What Are My Expected Costs?
At our law firm, we use a contingency fee model, meaning you won’t have to pay any upfront legal fees. Instead, our payment comes from a percentage of the settlement or award you receive. This allows you to focus on your recovery without added financial stress.
While you won’t pay anything out of pocket initially, there may be additional costs, like court filing fees or medical record expenses. We typically cover these upfront, and they’ll be deducted from your settlement if you win.
We believe in transparency, so we’ll explain our fees and any other costs clearly, ensuring you’re comfortable with the agreement before moving forward. This structure lets you pursue your case without worrying about financial barriers, allowing us to help you secure the compensation you deserve.
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How Our Oklahoma City Pressure Ulcer Attorney Can Help
Seeing your loved ones in pain can be devastating, especially when it happens because of neglect in nursing homes. We get how hard this is for both the victims and their families. At Steele Law Firm, we’re here to help you through this challenging time and work hard to get you the compensation you deserve.
Here’s how our experienced Oklahoma City pressure ulcer attorney can assist you:
- Thorough Case Evaluation: We begin by conducting a comprehensive review of your case. Our attorney will gather evidence, review medical records, and assess the circumstances surrounding the pressure ulcer to build a strong foundation for your claim.
- Expertise in Nursing Home Law: Our attorney has in-depth knowledge of nursing home regulations and standards of care. We leverage this expertise to identify instances of negligence and hold responsible parties accountable.
- Compassionate Guidance: We understand that this is a difficult time for you and your loved ones. Our compassionate team is here to provide support and guidance throughout the legal process, ensuring you feel informed and empowered every step of the way.
- Negotiating with Insurance Companies: Insurance companies often attempt to settle claims for less than what they are worth. Our attorney is skilled in negotiation and will advocate for your rights to ensure you receive fair compensation.
- Trial Representation: If necessary, we are prepared to take your case to trial. Our attorney will diligently prepare your case, presenting compelling evidence to the court to maximize your chances of a favorable outcome.
- Maximizing Compensation: We will work tirelessly to pursue the full range of damages you may be entitled to, including economic damages, non-economic damages, and, in some cases, punitive damages for egregious negligence.
Get in Touch with an Oklahoma City Bedsore Lawyers Today!
If you or a loved one is suffering from a pressure ulcer due to neglect in a nursing home, don’t wait to seek help. Our dedicated team is here to guide you through this challenging time and fight for the compensation you deserve.
Reach out to us today at (816) 466-5947 or email us at jonathan@nursinghomeabuselaw.com. You can also visit our Contact Us page for more information and to schedule a consultation.
We proudly serve clients in Oklahoma, Kansas, and Missouri. Let us stand by your side and advocate for your rights.
